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HomeMy WebLinkAboutPC 95-10RESOLUTION NO. 95-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING THE APPEAL AND SUSTAINING THE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL OF ADMINISTRATIVE DEVELOPMENT REVIEW NO. 95-7, AND CATEGORICAL EXEMPTION - SECTION 15301, CLASS 1, AN APPLICATION TO APPEAL THE EXPANSION OF THE CELLAR AND FIRST FLOOR AND ADD A SECOND FLOOR TO AN EXISTING 2,749 SQUARE FOOT SINGLE FAMILY RESIDENCE. THE EXPANSION OF APPROXIMATELY 4,444 SQUARE FEET,_ INCLUDES A FOUR CAR GARAGE AND EXTERIOR REMODELING. THE PROJECT SITE IS LOCATED AT 2619 ROCKY TRAIL ROAD (LOT 88 of TRACT 30578). A. Recitals 1. Mr. Ron Everett has filed an application requesting an appeal of Administrative Development Review No. 95-7 and Categorical Exemption Section 15301, Class 1 located at 2619 Rocky Trail Road, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Administrative t� Development Review application is referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to, consistency to the future adopted General Plan, pursuant to the terms and provisions of the Office of Planning and Research extension granted pursuant to California Government Code Section 65361. 4. On April 10, 1995 the Community Development Director of the City of Diamond Bar conducted a duly noticed public 1 hearing on the Application and continued said public hearing to April 24, 1995. On April 24, 1995 the public hearing was continued to April 26, 1995. On April 26, 1995 said public hearing was continued to May 2, 1995. On May 2, 1995 the Community Development Director approved Administrative Development Review No. 95-7. On June 12,-1995 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Vallev Daily Bulletin newspapers on June 2,1995. Thirty- three property owners within a 300 -foot radius of the project site were notified by mail on June 2, 1995. 6. All legal prerequisites of this adoption have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission -of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15301, Class 1 of Article 19 of Division 13 of the California Code of Regulations. 3. The Planning Commission specifically finds and determines that, having considered the record as a whole, including the finding set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based 'upon substantial evidence presented in the record before the Planning Commission, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of regulations.'`' 2 �. ..�. .�.� !F 4, y.a 7 I r 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a lot of 30,830 gross square feet (27,330 net square feet) developed with a 2,749 square foot one story single family residence with a cellar. The project site is located within a "gated" community identified as "The Country Estates" at 2619 Rocky Trail Road, City of Diamond Bar, California. The project site is within the R-1-20,-000 (Single Family Residential -Minimum Lot Size 20,000 Square Feet) Zone and has a draft General Plan Land Use Designation of RR (Rural Residential). (b) 'The project involves the expansion of the cellar and first floor and the addition of a second floor to an existing 2,749 square- foot single family residence. The expansion of approximately 4,444 square feet, includes a four car garage and exterior remodeling. (c) Generally, the following zones surround the project site: to the north, south, west, and east is the R-1-20,000 Zone. (d) The nature, condition, and size of the site has been considered. The project site is, adequate in size to accommodate the use. (e) This project is in compliance with Development Review Ordinance No. 5 (1990). (f) Substantial evidence exists, considering the record as a whole, to determine that the proposed project -will not be detrimental to or interfere with the draft General Plan. (g) Approval of this project will not- be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. (h) Approval of the design and layout of the project will not be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (i) The architectural design of this project is compatible with the characteristics of the surrounding neighborhood and will maintain the 3 —7-7-71-1-1 I I I11� !I[ I i_C, � ---- -� harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review ordinance No. 5 (1990) . (j) The design of this project will provide a desirable environment for its, occupants and visiting public as well as its neighbors through good aesthetic' use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (k) The project site is adequately served by Rocky Trail Road and Wagon Train Lane. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby denies the subject appeal and sustains the action of the Community Development Director subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, landscape/irrigation plan, floor plan, sections, and elevations, collectively labeled as Exhibit "A" dated- April 24, 1995 as submitted to and approvedby the Community Development Director. fb ) The subject site shall be maintained in a � condition which is 'free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Within 30 days of this grant's approval and before building construction plan check, the applicant shall submit revised plans to the City, for review and approval, indicating the following: 1) The tower roof line shall have a pitch of 4:12; +r 4 ,X mF. , .. . , , , . _ _ _ ._ _ _ _. ___ _ _�_—� r �,�p„nA,pL4Y.UIWLL.rWwb.u,..—___.i--'.-�n;�-'a-''r.L^���.i.ru utlo,•�,c1�'x __ � - -�u .. .nu��.. iati i�x�en.�uni.n.�neiwai». _- _ _ _i _- - _ � , 2) The tower roof line shall be consistent with the structure's main roof line in pitch and height; and y 3) The structure height shall not exceed 27.5' from the average finish grade. (d). Within 60 days of this grant's approval, the applicant shall submit a landscape and irrigation plan to the City for review and approval. (e) Provisions shall -be made which collect and convey all drainage to a discharge point, which is approximately within the flood hazard area, at the southwest corner of the project site, to the satisfaction of the City Engineer. (f) The Applicant shall obtain a final for the permit issued in 1979 for the existing single family structure before the issuance of any City permits for the addition/remodel. (g) The applicant shall comply with Planning and Zoning, Building and Safety, and Engineering requirements. (h) This grant is valid for one (1) year and be exercised (i.e. construction within that period) y or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to the expiration date of this grant. (i) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (j) Notwithstanding any previous subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment therefore shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 5 -- The Planning Secretary shall: l' (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Mr. Ron Everett, 2618 Rocky Trail Raad, Diamond Bar, CA 91765, Mr. Pete Volbeda, 22640 Golden Springs Drive, #B, Diamond Bar, CA 91765, and Mr. R. Sodhi, 2619 Rocky Trail Road, Diamond Bar; CA 91765 DENIED AND ADOPTED THIS THE 12TH DAY OF JUNE, 1995, BY THE PLANNING COMMISSION QF THE CITY OF DIAMOND BAR. BY: Bruce Flamenbaum, Chairman I, James DeStefano, Secretary of the Plaaning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting for Administrative Development Review held on the 12th day of June 1995: ATTEST: J es DeStef o, Secretary AYES: [COMMISSIONERS:] Flamenbaum, Huff, Schad, Fong, Meyer NOES: [COMMISSIONERS:] None ABSENT: [COMMISSIONERS:] None ABSTAIN: [COMMISSIONERS:] None C:1WP60140LLY\RES0\ADR95-7.APL - O'c"I 6 �r.